CHRIS O'BRIEN: The pathway to jail is always complicated. But in Queensland it's one year shorter than the rest of the country. It's the only state in Australia, that puts 17 year olds in adult prisons. Australia's Human Rights Commissioner says that's in breach of international law. But as Alex Mann reports, the law that would bring Queensland in line with the rest of the country was passed a long time ago but just hasn't been enacted. And a warning this story contains graphic content.

FORMER PRISONER: I got arrested when I was 17 because of 2 armed robberies stealing cars possession of drugs 2 break and enters and a couple of fraud charges.

ALEX MANN: Queensland is the only state in Australia that locks all 17 year olds up with adult prisoners. This man says he was a bad kid. But he never expected to be thrown in with the big boys.

FORMER PRISONER: Going to prison as a 17 year old is very scary you don't know what to expect you hear stories.

ALEX MANN: He says what happened inside has scarred him for life.

FORMER PRISONER: I got raped while I was there as a 17 year old.

ALEX MANN: He was being held on remand when it happened awaiting sentencing.

FORMER PRISONER: I got given a shot of heroin I was on the verge of an overdose. I woke up with pants around me ankles bit of blood. It was obvious what happened.

ALEX MANN: Three months after the rape and the day before his 18th birthday he received his sentence.

FORMER PRISONER: That was very scary scary yeah scary's the word. Just experienced that and then you know I've just been sentenced to 11 years jail and then knowing that this could happen again.

DR WENDELL ROSEVEAR, GP COUNSELLOR: Well it pushed him to the point of being suicidal it's very understandable.

ALEX MANN: Dr Wendell Rosevear is a GP with more than thirty years experience treating males who've been raped in prison. Many of them were 17.

DR WENDELL ROSEVEAR: I have to say unfortunately say that it's not uncommon. And we've been through a lot of experiences together happy times as well as life threatening times and the trust is such that he's able to share everything completely.

FORMER PRISONER: I've tried to kill myself a few times cut my throat and forearms and stuff just down times couldn't handle things depressed yeah.

ALEX MANN: When was the last time you tried to commit suicide?

FORMER PRISONER: Um about 7 weeks ago, 8 weeks ago for an overdose I was in an intensive care here in Bundaberg.

ALEX MANN: The law that would stop Queensland's 17 year olds being thrown in with the adults has actually already been passed. But it's been sitting stagnant in Queensland's parliament for twenty years. It's waiting for a simple regulation that would bring it into effect.

GLEN CRANNY, QLD LAW SOCIETY: This is a change that has been crying out to be made for the last two decades.

ALEX MANN: When the law was passed in 1992, the government acknowledged the risks of putting 17 year olds in adult prisons they also said at the time that the change would be made at an appropriate time in the future that was 20 years ago. And since then consecutive government's has failed to enact the law.

GLEN CRANNY: And I don't think necessarily this is a vote winner and I think that there are reasons at a political level, as much as at a financial level, as to why the impetus for this change hasn't yet been successful. There's a number of reasons that have been given over time commonly cost is a reason that's given the society doesn't consider that to be a reason of any real substance.

ALEX MANN: Glen Cranny says taking 17 year olds out of adult prison will save the state money.

GLEN CRANNY: Seventeen year olds if they were diverted and rehabilitated as children are in every other state and as sixteen year olds and under are in Queensland there would be in fact a cost saving to the government.

ALEX MANN: Recent budget cuts by the Queensland government have also seen the loss of diversionary courts and justice programs which have been credited with keeping young offenders out of jail.

GRAHAM PERRETT, FEDERAL LABOR MP: Short term political tick for Campbell Newman he likes to be able to go out there and say we're tough on crime good for the attorney general to say we're tough on crime but really they're going to pass on cost to the rest of Queensland for ten twenty thirty years in the future.

ALEX GRAHAM: Graham Perrett is a Queensland Federal Labor MP and the chair of a parliamentary committee on social policy and legal affairs. He says it doesn't make any sense for Queensland to hang on to this outdated law.

GRAHAM PERRETT: I've never liked it sadly this part of the criminal code wasn't changed by the Goss government the Beattie government the Borbidge government the Bligh government any of those governments didn't see fit to change this anomaly so it is something that has trouble me as a Queenslander.

PROFESSOR GILLIAN TRIGGS, AUSTRALIAN HUMAN RIGHTS: To have a general provision which requires that at 17 year olds are part of the adult system rather than the juvenile criminal justice system in Queensland is really unacceptable as a matter of law.

ALEX MANN: Graham Perrett says the Federal Attorney General Nicola Roxon should put more pressure on the Queensland government, to step in line.

GRAHAM PERRETT: This is something that I've already spoken to former Federal Rod McLellan and the current Attorney General Nicola Roxon about its a topic I do care a lot about. How we best achieve that particularly when the current state Attorney General seems to on the face of it be so anti to any change.

ALEX MANN: Queensland Attorney-General Jarrod Bleijie has declined an interview but in a statement released by his office said it is the government's view that by the age of 17 a young offender should be know the difference between right and wrong and should be held accountable for their actions in the adult criminal justice system. This has been legislation in Queensland for many years under both Labor and LNP governments and given community concerns about crime in the state, there are no plans to change the legislation.

PROFESSOR GILLIAN TRIGGS: With the greatest respect to the Attorney his view is quite simply one that is not acceptable both under international law nor under the domestic law of most states and territories and states in Australia.

ALEX MANN: Dr Wendell Rosevear says being tough on crime has nothing to do with this.

DR WENDELL ROSEVEAR: If we just think that more punishment equals less crime then I think we're in denial as a society.

GLEN CRANNY: At 17, one can't vote can't drink, can't get a passport, can't get married, for all intents and purposes 17 for other aspects of the law is regarded as a child and we say the criminal justice system should be no different.

FORMER PRISONER: It's crazy why can't Queensland come in line with every other state these things are happening in custody but nothing's getting changed you know something needs to be done for sure.